Multiple Award/Sole Source/Section 863
Started by newbie1102 · Sep 14, 2011 · 2 replies
- nOriginal post
newbie1102
Sep 14, 2011 · 14y ago
Our agency awarded 12 service contracts (all FFP/T&M/ IDIQ contracts) from one solicitation. These awards are under protest and until the protest is resolved, we need to continue services. We have exhausted the 52.217-8 option to extend services already in 8 of our contracts, and they will expire September 30. We plan to issue 8 emergency sole source, bridge awards to get through the protest resolution, using an urgent and compelling in the J&A.
Can we post one solicitation again with intent to make multiple sole source awards to incumbents (3 vendors, 8 awards) in light of the new rules implemented section 863 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009?
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Guest Vern Edwards
Sep 15, 2011 · 14y ago
Okay, newbie, let's think this through:
1. How do you make eight "sole source" awards? (See the definition of "sole source" in FAR 2.101.)
2. What's the "emergency"? Do you mean "unusual and compelling urgency"? If so: (a) What services do the contracts buy? (
What's unusual about the urgency? ( c) What's compelling about it? (d) What bad thing(s) will happen if you cannot make the awards?3. If you cannot make eight awards under one solicitation for this "emergency", what's the alternative? Eight solicitations?
4. Which new "Duncan Hunter" rules are you talking about? Where are they in the FAR?
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Navy_Contracting_4
Sep 20, 2011 · 14y ago
Our agency awarded 12 service contracts (all FFP/T&M/ IDIQ contracts) from one solicitation. These awards are under protest and until the protest is resolved, we need to continue services. We have exhausted the 52.217-8 option to extend services already in 8 of our contracts, and they will expire September 30. We plan to issue 8 emergency sole source, bridge awards to get through the protest resolution, using an urgent and compelling in the J&A.
Can we post one solicitation again with intent to make multiple sole source awards to incumbents (3 vendors, 8 awards) in light of the new rules implemented section 863 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009?
The rules implementing Section 863 (in FAR 16.505(
) deal with purchasing services pursuant to multiple award contracts, and address specific requirements for awarding orders under such contracts. They don?t apply to award of basic contracts, so how would they be an impediment to your proposed approach?